GOUR HARI PATRA Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) PETITIONER joined employment under the Hindustan steel Limited at Rourkela as a Work-Sarkar and in 1964 was promoted to the post of Crane Operator in the Grey Iron Foundry of the steel Mill. In 1967 he was confirmed in the post of Crane operator. He was implicated in three criminal cases between 1969 and 1971 but in none of the cases petitioner came to be punished or adversely dealt with. On May 12, 1972, petitioner was communicated an order of dismissal which ran thus:

(2.) IN a counter affidavit filed on behalf of the Management, the action has been sought to be justified.

(3.) COUNSEL for the petitioner claims that (i) accord of approval to the action of the employer in dismissing the petitioner is contrary to law and the proceedings before the Industrial Tribunal has been carried on contrary to rules of natural justice; (ii) Standing Order no. 31 is repugnant to the Industrial Employment (Standing Orders)Act of 1946 and the Rules framed thereunder and as such is ultra vires the statute; and (iii) as the order of dismissal in the instant case cannot be taken to be one grounded upon misconduct, it must be taken to be an order of retrenchment within the ambit of Section 2 (oo) of the Act and in the absence of compliance of Section 25-F of the Act, this dismissal is contrary to law. Though reference to article 19 had been made in the writ application, counsel did not seek to rely upon that contention at the time of hearing. It is appropriate to deal with the vires of Standing Order No. 31 first. Standing Orders in respect of the Steel Plant in question were made in the year 1963. Order No. 28 enumerates 27 Acts of misconduct without prejudice to the general meaning of the term. Standing Order No. 29 prescribes the various penalties for misconduct which can be broadly divided into two categories major and minor. Dismissal from service is one of the major penalties. Standing order No. 30 lays down the procedure to be followed for imposition of penalties in cases of misconduct. Elaborate procedure is prescribed for imposition of a major penalty while, as is usual in service rules, in the case of a minor penalty right of representation only to the employee has been secured. Standing Order 31 confers special powers and runs thus".